United States v. Wayne Martin

IDEMAN, District Judge:

Wayne Martin, a juvenile, was charged by information with assault resulting in serious bodily injury, 18 U.S.C. § 113(f). Trial was by judge alone. At the close of the government’s case in chief, appellant moved for judgment of acquittal. This was denied, and appellant rested without presenting any evidence. The trial judge requested briefs on the issue of whether, and which, lesser included offenses briefed by counsel might be considered. Among those lesser offenses briefed by counsel and considered by the trial court was the offense of which appellant was ultimately…